What’s the best way to approach my second unemployment appeal?
I live & work in California. I was fired from my job March 2nd, 2009 for being late to work on Feb. 28th. I was given no chance to explain the reasons for my tardiness that day, was asked not to come into work & was notified the following day that I was no longer employed there. After filing for unemployment, & having a phone interview with a rude EDD employee, weeks later I received my letter stating that I had been denied benefits. I was told by my father who is a co-owner of the business I was previously employed with, that the President of the company was NOT disputing my claim for benefits. I promptly applied for the appeal & after months of waiting I was finally granted a hearing date. Because I was under the impression that my benefits were NOT being disputing by my former employer, I did not expect to any dispute upon arrival. However, not only did the president of the company show up to the hearing, but he also made false accusations that caught me off guard & left me unable to effectively dispute these statements. However, I did my best under the circumstances & told the truth. A week ago I received my hearing decision & was denied due to “wilfull misconduct”. I am disputing it a second time & would like any tips / help before I send the appeal. Please help!! Thanks! Michele N
The second appeal which I touch on briefly is something altogether different than a lower level appeal disputing an initial or redetermination by a claims representative.
The lower level appeal “establishes the record” that all further appeals must be based upon.
ALJ’s, hearing officer, referees, commissioners, or whatever a state may call the people that preside over a lower level appeal hearing are given wide latitude in judging credibility and applying the laws and referencing precedent decisions when rendering their decision about your unemployment claim.
The second appeal generally does not allow any further testimony or evidence, but it rather based on errors made by the ALJ during the hearing that may have disrupted the due process you are entitled to or an error in the application of those laws and precedents and rules and procedures for administrative hearings that he must adhere to in dicharging the requirements imposed for hearings by the Federal act.
So how does one write an appeal? Well you had better check your state’s requirements, but if you want a review of the decision .. to be worth the effort, you had better write a “legal brief” pointing out those errors that the lower level ALJ made and they had better be “legal errors” supported by the record.
Did you get the transcript or recording of the hearing???
This is just another reason it’s better to contact me at the beginning of the process.
I hope this helps explain how to approach an appeal to a Board of Review.
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